PEOPLE v. VALENTIN


15 A.D.2d 571 (1961)

The People of the State of New York, Respondent, v. Josue Valentin, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 27, 1961


Judgment affirmed.

No opinion.

Nolan, P. J., dissents and votes to reverse the judgment and to grant a new trial, with the following memorandum:

In my opinion, defendant's guilt of assault in the second degree was not established, even though the proof did suffice to support defendant's conviction for a lesser offense, namely, an attempt to commit the crime of second degree...

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